AFL's blackest day comes up blank

With an ASADA investigation that has so far revealed nothing as scandalous as was first declared, there was a sense that the tide of public opinion was changing. How had a club that self-reported and cooperated every step of the investigation, found itself charged with bringing the game into disrepute, writes Tracey Holmes.

If Australia's Anti-Doping Agency (ASADA) and the AFL wanted blood, they most certainly have found it. The Essendon supplements saga is no longer a neat, clean, surgical incision to remove a cancer, it's fast heading towards a long, drawn-out battle that will leave parties from all sides permanently damaged by the ensuing legal minefield.

Picking through the mess, as it stands today, it seems the AFL has lost faith in ASADA's handling of the investigation, Essendon coach James Hird has lost trust in the AFL's ability to hear the charges objectively and confidential information from the ASADA/AFL report continues to be illegally leaked to journalists who appear to have picked their sides in this battle.

The media is also being used in a strategy designed to create an atmosphere of mistrust with the sole aim of flushing out testimony that can be used as evidence as Australian sport searches for its own 'Lance moment'.

With a finals series looming and a weary public demanding an end to a season of confusion, the AFL played its hand in Melbourne on Tuesday night. Given that there was not enough evidence in ASADA's interim report to charge athletes with breaking the anti-doping code, the AFL had two cards it could play - declare that until ASADA's final conclusions were made it would be inappropriate to take action, or, go for the kill. The AFL revealed itself to be a creature of habit.

Sports watchers have been waiting six months for evidence, not rumours and emotional hype, that sports 'blackest day' was in fact not just a politically motivated headline grabber. After reviewing a 400-page interim ASADA report, with more than 13,000 references and no evidence of anti-doping violations, the AFL stated that not a single player would be charged. However, the club and four of its senior officials, including high profile coach James Hird, were charged with bringing the game into disrepute.

On February 7, the ABC and almost all Australian media led with a story that claimed, 'The Australian Crime Commission's investigations have unearthed evidence of drug use and match-fixing in Australian sport'. On centre stage with the minister for sport, the home affairs minister and the head of Australia's anti-doping agency was AFL boss Andrew Demetriou and his counterparts from Australia's other highest profile sports.

Since then there have been newspaper lift-outs and broadcast media specials, including numerous high profile stories on ABC flagships like 4Corners and 7.30, building the case for one of Australia's biggest sporting scandals focussed almost entirely on the drug use allegations while the 'evidence of match-fixing' claim slid out the back door.

With an ASADA investigation that has so far revealed nothing as scandalous as was first declared, there was a sense that the tide of public opinion was changing. There was a move away from the initial February shock towards a circumspect view of a case with too many holes. Where was the powerful body of evidence? Why had no drugs charges been made? And how had a club that self-reported, assisted ASADA at every step of its investigation, while never buckling in its claims of not breaking any anti-doping rules, found itself charged with bringing the game into disrepute?

An AFL Commission hearing is set down for August 26 so the mess could all be sorted before the all important finals. The governing body shouted its orders, now the troops should fall into line. But the reaction was unexpected.

The new Essendon chairman, Paul Little, is a former head of the Toll Group and one of Australia's richest men. He is not afraid of bullying. He's already declared the club will 'vigorously defend' these charges. It seems the Goliath of the sport has met its David.

With nothing substantial, yet, from the ASADA investigation much of the angst evolves around the Essendon commissioned Switkowski report that found worrying lapses in governance and procedures at the club. Little referred to this in Tuesday's statement.

"...there is no doubt the Club and individuals have made mistakes and that our governance and people management had significant gaps.

"Over recent months, we have also implemented fundamental reforms of our internal governance practices and procedures, including reform of our HR and employee recruitment policies, medical protocols and lines of responsibility and accountability."

The club's recognition of such failings and its immediate work at remedying the situation is actually one of the positives to come out of the journey so far. No doubt the other clubs in the competition are looking at their own internal procedures, as much was admitted by the Collingwood president, Eddie Maguire, on his TripleM Melbourne radio show.

While the few facts we have continue to be flooded by an overflowing river of rumours it becomes increasingly important for observers to stand back and pick the facts from the fantasy.

Editor's note: The above copy has been updated to reflect developments in the case.

Tracey Holmes has focused her career in journalism on sport and its wider implications. View her full profile here.

Comments (139)

JohnM:

15 Aug 2013 8:30:40am

Having to defend something when there is no "evidence" to contest? What's the AFL come to?

Someone said back in February (?) when all the hyperbole was released by the Minister for Sport (?) that it seemed like the government wanted to distract the public. Now it just looks like a government-driven scam.

Bren:

15 Aug 2013 11:02:39am

I recall thinking the same thing.Who announces that sort of material before the investigation has been completed? Unless you want to disctract the media away from what else is going on, and show federal agencies are doing something.

Miller:

15 Aug 2013 12:16:50pm

Are you kidding? A Government scam? How about a 'Bomber scam' to cheat. If this scam were conducted by the Adelaide Crows or by Collingwood, then the Bomber Army would be calling for blood and for massive penalties. Other clubs and players have been heavily penalised for far less in the past. Time for the Bombers to cop it sweet. Do the crime, do the time.

JohnM:

15 Aug 2013 12:50:35pm

No, I am not kidding. Wasn't it the federal minister for sport who announced that it was a dark day for Australian sport? Did she have any evidence to support such a claim? None whatsoever. (And wasn't Demetriou standing in the background, implicitly endorsing the nonsense? Yes!)

Mel:

Adam:

15 Aug 2013 8:34:48pm

It's a sporting code breach, so technically not a crime.

But clearly the AFL thinks there's enough evidence to lay the charges. Do you think they'd be stupid enough to charge a club as financially powerful as EFC when they weren't pretty certain they could prove the charges?

Marko:

15 Aug 2013 1:31:14pm

Two ministers call a press conference and summon the CEO's of all the football codes and then accuse the players and club officials of being complicate in organised crime and illegal drug doping. Months on an interim report has no evidence to charge anyone let alone implication in criminal syndicates.

Given the problems Julia Gillard was having at the time, this smacks of government misdirection.

That they and ASADA could come out at the time and smear all Australian sports men and women with little more than rumour and innuendo was appalling. Remeber this was reported internationally as well.

It was nothing more than abuse of power to achieve a temporary political fix.

firthy:

On the basis of what evidence Simon? Did you actually read the article or have you made up your mind based on half-truths, inuendo and outright errors? we haven't even seen the ASADA report.

Get the evidence, establish the facts and if they show that rules have been broken then taken those who are responsible to task. Anything less is a kangaroo court that will simply fail when the club takes their grievances to the Supreme Court on the basis that the principle of natural justice has not been followed.

FB:

15 Aug 2013 3:19:29pm

How about the fact that the captain of the club admitted to using a drug that was on the banned list last year? How about the fact that the entire program was described as 'at the edge of what is legal'.

Don't forget Dean Bailey and Chris Connelly were banned for the Melbourne tanking saga last year, despite the fact that the club was found not guilty. Using that as a guide for the punishment, all 4 of the officials named should be fined for 2+ years and the club should lose all points this year (not to mention draft picks).

Adam:

Report of possible incident, investigation to follow, assessment of evidence, laying of charges, time to prepare a response and finally a hearing. Sounds pretty robust for a sporting body (it's not a civil court, understand?)

Bren:

15 Aug 2013 11:06:56am

While I have no love for Essondon FC, what are they guily of?If it is just bringing game into disrepute then why would anyone ever self report a possible issue to ASADA / AFL ever again? So far no crime has been found, no failed drugs test.If guily then yes remove points; draft picks and cold hard cash fine; ban Club Coaches and Officials from the Game and deny media accreditation for years (if guilty 10 years for head coach, 5 for the rest is about right for mine).BUT - only if guilty of something more than self refering.

Adam:

Anyone who self-reports still has to face the music - it's not an excuse to get out of punishment.

Failed drug tests are not necessary. Take Marion Jones (got done for purjury in the end) and Lance Armstrong (circumstantial evidence and witness testimony). The ASADA report indicates that banned substances were given to players at the club but because EFC botched the records so badly, they don't know precisely who.

sdrawkcaB:

15 Aug 2013 11:16:43am

For all that is reported and televised, there is nothing of substance in the public domain. Nothing.

What we have is reporters making news stories out of news stories. We have them shoving microphones in faces in a hope to get a reportable reaction.The other night on an apparent breaking special we had the forensic dissection on some words by Hird. Well whoopee do.No one would hold that as evidence, especially when he has really not said anything other than I think I have been doing the right thing.

So, on what basis would you have them stripped of points? Because the media has fed you a line and made some money in the process? We need to be better than that.

And for what is worth, I do not have a team. I have umpired and am one those weird people who appreciate human endeavour regardless of what the colour of their bunting is.

whogoesthere:

15 Aug 2013 11:24:11am

But using needles to inject players is not banned (should be I think, except by a doctor for a medical condition). If they were skirting the line, but didn't cross the line, then how can they be punished ?.

JohnM:

15 Aug 2013 12:52:13pm

It depends what's banned and what isn't. In the case of Essendon one can also argue that a professional was employed to provide knowledge. To ask the players to oversee what that professional did is a bit like you buying a dog and then you doing the barking.

Chris:

15 Aug 2013 2:31:52pm

It was not a sports drink it was a pre-workout gym powder. Pre-workout powders are basically various combinations of stimulants with the intention of boosting performance from these substances. Up until late last year most pre-workout supplements contained DMAA which has been wada banned for years. A Frankston VFL player was banned in 2010 from taking these stimulant based drinks containing a banned substance.

Calling it a sports drink is deflecting the issue and is simply wrong.

Players get yearly warnings about doping and this would contain where the danger areas lie. Pre-workouts would be near the top of this list.

Essendon players were not injecting themselves, they were receiving injections from a medical professional. Injection is a standard way of receiving substances such as vitamins. There is also no evidence they were given anything wrong.

George:

15 Aug 2013 5:06:32pm

Do we all forget the Brisbane players in 2001, 2002 being marched out of the ground and into a waiting van to be hooked up to intravenous drips at half time?Get out of the moment and think a bit beyond your morning headline folks. Why are Geelong not being investigated either?Dank and Robinson had dealings with the club in recent years.AFL has a scapegoat and their running with it!

Adam:

a1000miles:

15 Aug 2013 8:59:32am

Is it just the evidence is not strong enough for drug charges, but that those in the AFL know something was awry with the management at Essendon?

I watched all the ABC segments .. and it seemed to me on that basis (including the txt messages from James Hird) that there was at the very least an effort to use "borderline" substances to improve performance.

Adam:

15 Aug 2013 8:32:52pm

They were cheating. What we've seen of the ASADA report says as much. The reason there have been no drugs charges laid on the players is because of how sloppy the record-keeping was, so they don't (yet) know who was given what and when, they just know it was given to some of the players. The ASADA investigation is on-going.

AFL issues disrepute charges, ASADA recommends/issues drugs charges - two completely different things. The AFL doesn't need specific player names to determine EFC were bringing the game into disrepute.

mkeith:

15 Aug 2013 9:00:03am

An interesting article and perspective. Omits that ASADA is still looking at player issues and charges may yet follow. Manages to blame the AFL for laying charges after Essendon via an internal investigation declared it had some problems and would fix them. This is an appeal that doesn't seem to get regretful criminals off in our court system. Nor does standing aside people while processes happen indicate guilt. No doubt a child minder suspected of sex offenses would be stood aside regardless of the outcome. All suspected drug cheats scream about innocence, ask those Bulgarian weightlifters. Please don't respond that I am comparing people to criminals, I am not doing other than providing an example of the real world. Only a fool would not admire James Hird as a footballer.

pony:

Adam:

15 Aug 2013 8:54:21pm

Who's said they're guilty? Charges have been laid which indicates that there is evidence of guilt but we'll all have to wait until the hearing is concluded on 26 August (ie: the due process that EFC is whinging they're not getting).

The bottom line is EFC is trying to fight the charges on technicalities of procedure, not from the position of "we're innocent". Pretty good indication that they know they're in strife.

Magpie:

15 Aug 2013 9:05:29am

Well Tracy you could not be wronger.AFL, the greatest game of all is limited to three Australian states & obviously we are globally connected and face their competition in all sports.So a reputable club that used at the very least dodgy ethics that they have not fully explained and are now they are off to the Supreme Court to bash all other clubs, throw the competition into disrepute & weaken our game.Of all people Tracy I thought that you would recognise a boys club at work.This EFC caused circus has the potential for us to join the State of Origin clash as Victoria playing rugby league at the least but probably soccer.This whole exercise stinks.All my grandsons & daughters are now playing soccer.

burke:

firthy:

15 Aug 2013 11:56:25am

I don't know how you can say that the EFC is going to bash other clubs in the courts. It could be used as a defence against the AFL, but not to harm the other clubs. The process does look like an absolute mess - to fix that the ASADA report should be made public so we can make our own judgments. But I'm not holding my breath for that.

Unfortunately soccer isn't much better - look at the farce that is the world cup application process. Qatar simply bought the thing.

Dave:

15 Aug 2013 12:09:45pm

Thanks for your response Magpie. It demonstrates what you know. And if your grandsons and daughters are now playing soccer as a direct result of this particular incident, I think it demonstrates a knee-jerk reaction on the part of their parents, and unfortunately another loss to our great game.

Magpie:

15 Aug 2013 7:35:16pm

As I say Felix a boys club played by lions lead by donkeys. It is only significant in three states, a brilliant provincial game put at risk by EFC with the donkeys at AFL having no idea getting fatter and paying Dimitriou millions for this to happen and betting will be next.Agreed all professional sport has this problem but the mums are voting with our children. This will tear us apart. I was looking forward to thrashing Esdon in the GF, it ain't gunna happen because of the donkeys.Go Pies.

Roger:

15 Aug 2013 9:19:49am

I'm amazed that sports fans all over the country have not reacted more forcefully against the ALP for what was always a massive over-reaction in February by a Federal Government trying the politics of deflection when things were going bad for it. The then ministers for sport and for justice, together with AFL boss Andrew Demetriou, were the true bringers of disrespect to Australian sport. They are the ones who should be held accountable for bringing Australian sport into disrepute. They are the ones who should be shamed and sacked.

Adelaide Rose:

15 Aug 2013 12:34:35pm

The problem is that I, like many others, don't doubt for a second that there is a better than even chance that there are those in Australian sport who are more than just a tad shonky. Believing that as I do, I also believe that the Australian government had to release their findings, which came after a 12 month investigation, in order to get the ball rolling to start cleaning sport up. After all, if the report had nothing concrete, why did Essendon jump in just in time to confess their wrongdoing? Was the report released at a politically convenient time? Probably, but that has been the modus operandi for all governments for time immemorial, to release what they have when it best suits them. Sport isn't just a game, it is a multi-billion dollar industry with close links to the gambling industry, which leaves it vulnerable to those that wish to manipulate it for financial gain. We must be on guard, I am more concerned that Abbott has said he will stop the ACC investigation, governments should not be telling crime investigators where they should or shouldn't investigate, they should leave the investigators to go where ever the evidence takes them.

Pete the gibberer:

JoeBloggs:

15 Aug 2013 9:20:27am

Only ASADA has bought the sport into disrepute.

Perhaps if they did there investigations etc and didn't continuously leak information to the press to create such a media storm (over what turned out to be nothing) then the sport would not have been bought into disprepute.

Perhaps next time they should just be quite, do their job and make an actual determination if something has been done wrong before ruining the good names of people and a sport.

Bren:

15 Aug 2013 11:48:02am

I don't think it is ASADA doing the leaking, not now and not during the investigation (Jan - August 2013).Now, people at NRL, AFL and the Sports Ministers Office - i think all of them have lekaed something at some time during the past 8 months.

I doubt ASADA or the ACC wanted a press conference before their investigation had really started.

mick:

sdrawkcaB:

15 Aug 2013 12:41:53pm

The media is not one of Pavlovs dogs.

The overarching social philosophy today is we are free to choose. Personally, I think it is a ridiculous proposition, but alas, democracy says I am wrong. That aside, the media choose to create a storm. No one forces them. They do not have to report leaks.

Mark:

Media reputation is the sole basis of any decision made in the AFL. It far and away trumps any other consideration.

This has occurred to the point where Demetriou et al can no longer be taken seriously because they have no credibility.

The tanking investigation is a perfect case in point. Everyone knows the AFL draft system provides a perverse incentive for teams at the bottom of the ladder to lose, and that Melbourne sought to exploit this. Key officials at the club admitted it. Demetriou's denials at the time were as convincing as someone trying to convince you the sky is not blue. Eventually, when the AFL had no choice but to act, it conducted an investigation. The full results of that investigation have never been revealed. The AFL gave Melbourne a significant penalty for bringing the game into disrepute but STILL continued to deny that Melbourne were tanking.

The AFL is a bra and panties match away from being the WWE, and Demetriou has all the credibility of Vince McMahon.

Ruperts Phone Service:

15 Aug 2013 9:34:06am

Tracey Tracey Tracey, Surely you don't believe in this tripe that you have written. For starters the AFL simply wanted to nurse this issue along till September so that they met their media obligations, nothing more nothing less. 9 games a weekend, get it.

Poor old Essendon you cry, who has a motto of "Whatever it takes" what does that tell you? Why did they go down this path in the first place? WADA has banned substances that the Essendon players used.

The club and the AFL negotiated penalties, WTF? Essendon should be kicked out of the comp, the players feel vindicated says Jobe Watson, what were they doing with the "supplements" program in the first place?

here in SA:

You need to be a lot more careful about how you interpret the AFL's statement which i believe goes

"on the information CURRENTLY before the AFL there is no SPECIFIC anti-doping rule violation attributed to any INDIVIDUALl player for the use of AOD-9604 or any other prohibited substance".

Lawyers choose their words very carefully. My understanding is that the interim report is essentially de-identified. I.e. no players names have been used. hence the AFL can state that no INDIVIDUAL payer has been cited.

The final report, however will have specific players names and if any infraction notices are issued they will be done then. The governance of this will be over seen by WADA and any decision will set a global precedent. WADA don't care abotu the AFL, or Essendon, they do care about the Olympics, FIFA etc and will not let a nothing club (in a world context) such as Essendon get away with breaking world anti-doping rules and setting a precedence that opens the gateway to almost all clubs in the world experimenting on their players with unapproved drugs. Essendon players who have confessed will be charged.

Kenny:

15 Aug 2013 9:38:37am

Typical of the a f l hide everthing under the carpet,what a joke essendon should be stripped of points the the players all banned for 2yrs has they are drug cheats,i dont beleave we didnt know we were was wrong,when putting a needle in there ass,all sportsman know the ins n outs of steroids,anywere else in the world they would be banned but not australia or the a f l ,disgusting,i will not watch the a f l again. I dont like CHEATS

pony:

llanfair:

15 Aug 2013 9:38:50am

Did anyone believe that anything would come of this, Roxon and Evans resign their Ministries on Feb 2. Governments in disarray. So on Feb 7, we had 'blackest day' in Australian Sport to focus the attention of the punters on something they actually care about. It was laughable at the time, and remains so.

If anyone has brought game into disrepute is it the Government and ASADA. Demetriou should consider suing them for defamation.

pony:

Fred:

15 Aug 2013 9:48:47am

If the AFL were serious, they would ban all supplements whether they be pills, powder or liquid and regardless of delivery method. In junior footy all that is given are oranges juring the breaks. Players should only be able to eat normal foods, thats all. There are players on supplements to assist them recover. My take on that is, if you cannot naturally recover then you need to find another career like the other 99% of us, no shame in that. This strategy would put the onus back on players and not on sports scientists and blurred lines of legality. But no, the AFL are in the pockets of companies like Cenovis.

Adam:

15 Aug 2013 9:22:27pm

It's not the AFL's role to ban things. They're a signatory to the WADA Code (administered in Australia by ASADA) - an organisation who specialises in this sort of thing. The AFL has done the right thing getting an internationally recognised body to handle this for them.

If the AFL did what you wanted and EFC was still on the wrong side of it, you'd be complaining that the AFL can't make up its own rules.

Alison Cann:

15 Aug 2013 10:00:09am

Tracey,You say the AFL is in disrepute. How much money has the AFL lost from being in disrepute. When there is no loss the AFL is not in disrepute. There has to be proof for there to be legal requirements against EssendenThe AFL books have to show a loss and that loss has to show it was the Essenden Club. Where is the proof?

Adam:

15 Aug 2013 9:24:18pm

Typically cynical world-view that money is the only measure of reputation. What about morals and ethics? They have to stand for something and they have to stick with it. Have a look at all the comments on pages around the internet and you'll see how many people have said this has turned them off the game - there's your disrepute right there.

Fatboythin:

15 Aug 2013 10:37:48am

What a classic fiasco. ASADA, the AFL etc. What a pack of media spivs and junkies. All the self-righteous posturing and vanity of Kate Lundy and the other dills (in front of the cameras earlier in the year was just sickening. What vain idiots.

They have just stomped all over the season, the players and personnel by innuendo and suppositions.

There's been no sense of the value of the game and what it means to the people who love it. It's all been about the boofhead pollies, ASADA heavies and the AFL dandies.

The investigation should have taken place, but no info should have been released until the end of the season.

They are incompetent buffoons of the first order.

And it's dills like Lundy etc. is the reason I haven't voted for nearly forty years.

Democracy...what a load of crap. People who believe that have never heard of politicians, lobbyists, lawyers, corporations, financiers and party pre-selection committees.

McDonalds has got more legislative power than twenty thousand voters. Check out what happened in Tecoma.

Adam:

15 Aug 2013 9:26:50pm

So what would happen if (at the end of the season) they found EFC had cheated but managed to jag a premiership?

Waiting until the end of the season is like delaying a murder trial until New Years because we don't want to ruin Christmas. They're doing the right thing by pursuing it as fast as possible (even though it's been a long, slow and methodical process).

Lehan Ramsay:

patarus:

15 Aug 2013 10:43:22am

Just another Super League vitriol which turns everyone off - and some permanently.

Interesting when you consider websites addressing weight training/resistance training and the real bottom line is that while you can build your body - naturally - they so ever gently refer that testosterone and anabolics do it so much quicker.

We fight it and we criminalise it - but the conventional wisdom is outweighed by the passion of what we expect from our entertainment and then become pure and chaste as if we are virgins of a new era.

Problem is that we want it all ways - and life today just does not work that way because to be a winner is not about a level playing field -

he/she who has the fittest and the strongest and endures longest has a better chance of winning with same technique and intelligence and ability.

Miller:

15 Aug 2013 10:44:46am

Yes, journalists and punters have taken their sides - as have you! If any other AFL club were in this position, Essendon fans would be all over them with knives. There was clearly something rotten at Bomber land and there must be ramifications for that. Other clubs and players have been punished in the past for far less.

pony:

Adam:

15 Aug 2013 9:30:58pm

You wants facts?

EFC conducted their own investigation that painted a bad picture - FACTASADA released an interim report - FACTAFL reviewed the Switkowski and ASADA9(i) reports - FACTBased on review, AFL choose to lay charges - FACTEFC are in deep borsch - FACT (well, I made that one up, but that's the bookies favourite at the moment)

It's pretty clear the AFL thinks EFC have done something wrong, as does ASADA (by extension as the AFL charges are based on their information). Do you know more than these two bodies?

Zing:

15 Aug 2013 10:53:10am

The proceedings are a farce as long as no players are involved. If there is any drug scandal serious enough to be worth prosecuting, it follows that at least one player must be a direct part of the misconduct.

At the moment, it looks like they're just putting the typical scapegoats forward. After all, the team royalty can easily be replaced. But if the team itself is banned for using drugs, the club is pretty much hosed.

Adam:

15 Aug 2013 9:33:15pm

Why does any player have to be charged? If you follow the arguement being made that the players are victims who had to get with the program, then it's quite conceiveable the no player would be charged but club officials get significant punishments.

And you're forgetting that all names in the ASADA(i) report have been redacted to protect privacy until it's finalised and infraction notices are issued (that whole natural justice thing EFC supporters whinge about).

Gone to the races:

15 Aug 2013 11:04:49am

Tracey I think it safe to say that James Hird may become forever known as James ERRED and wow did he err and all in the name of win at all costs. It seems for him the cost will forever mark his career. This is not the "under arm" incident of AFL. It's the "Up Your Arm" incident. Let's hope it leads to complete total drug free AFL footy for all time.

RobP:

15 Aug 2013 11:05:18am

I think the real problem here is that Hird, and the game in general, has too high an opinion of his standing in the footy world.

This has lead to him, probably unconsciously, putting his players and coaching staff into dangerous waters in a desire to win at all costs - a very unwise strategy and one that he bears ultimate responsibility for.

If anything, his crime is a lack of duty of care to the Essendon management, players and staff. For this, he should lose his job as head coach of Essendon.Ideally, this should be enacted by the club and not by ASASA or some other proxy.

I can well believe that there are gaps in the administration of doping within the clubs as, let's face it, the admin processes only develop through carrot or stick.As there's nothing in it for clubs to do this voluntarily, they leave it for someone to be the guinea pig who wanders into a minefield and steps on a mine.

Are Essendon guilty of doping? That's a separate question that should be worked through. If there was an unconscious breaking of the doping code, that should act as a mitigating factor in the final penalty handed down. If players were coerced into taking the enhancing agents, that should also act to mitigate the penalties for them.

Adam:

JohnW:

15 Aug 2013 11:19:43am

A few years ago the US claimed to evidence that Iraq had weapons of mass destruction. We all know the actions they took. Then in the final wash-up it was found their actions were based on misinformation. They falsified their findings, bled false reports to the media etc and eventually got what THEY wanted.Appears to me the AFL and possibly ASADA are following the same path.

Adam:

15 Aug 2013 9:40:39pm

Really? Forget the whole Saddam was a mass-murderer thing for a minute (look up how many Kurds he gassed) and stick to football - the best result for everyone is if they came out and said EFC is in the clear.

ASADA is golden for their ongoing work to keep Aust sport clean.AFL is golden for having a clean sport.EFC is golden for being shown to have done nothing wrong.Hird is golden because he can go back to getting his tanning injections.

burke:

15 Aug 2013 11:36:33am

Essendon's guilt seems perfectly clear. Like Melbourne Storm, they sought an unfair advantage, they felt they could have something more than a level playing field. The first rule of every sport is that there shall be a level playing field. They acted unfairly and they deserve punishment. James Hird, as the leader of this improper activity, should be sacked. He should not work in the AFL again.

dogeatdog:

First a disclosure: I am an Essendon supporter and whatever the outcome of the present mess I will continue to be an Essendon supporter.

My opinion FWIW is that given there was failure in governance at the club, then any penalty should be imposed on the club as a whole, not on individual players.

While I obviously want to see the Bombers in the finals, if the charges are proved and Essendon is stripped of its ladder points (or is allowed to keep its points and simply ruled ineligible to compete in the finals) then I feel it would be best for the game as a whole for the club to 'cop it sweet' and move forward - a long drawn-out court battle would be severely detrimental not just to Essendon but to the competition as a whole.

Lastly, while I have the greatest respect for James Hird both as a footballer and as a coach I am having some difficulty accepting the contention that he didn't know or suspect that the supplements regime was at the very least questionable.

Adam:

15 Aug 2013 9:44:48pm

You're the sort of EFC supporter I genuinely feel sorry for - the real victim in all this. I can understand your position (and would be the same if it were Richmond), I like that you're disappointed with how the club is conducting itself.

Unfortunately, I think individual players may still go down as they are liable under ASADA/WADA Codes. I find this most disappointing as I think Watson deserved the Charlie last year and it'll have to be taken off him if he's one of the ones found to have (been?) doped.

dogeatdog:

16 Aug 2013 9:57:06am

Hi Adam

I take your point re players, the only reservation is that if the initial reports I have heard are correct, the players were assured by club officials that use of the supplements was not a breach of the anti-doping code, so IMO the culpability rests with club management, not individual players.

mdiz:

15 Aug 2013 12:01:23pm

The AFL is well aware that Essendon ran a systematic doping program as alluded to in the ASADA interim report, however the ASADA investigation is ongoing and they are still determining which players were given which drugs. Hence individual charges against the players cannot yet be laid, so the AFL have taken matters into their own hands and charged Hird, Thompson, Reid and Corcoran with bringing the game into disrepute for their roles in the doping scheme.

The ASADA charges will come later when their investigation is complete; only today a development surfaced that some players were given an unidentified drug, sourced from Mexico, used experimentally to treat muscular dystophy! And for anyone thinking Essendon will escape significant charges from ASADA, if ASADA's penalties are deemed too weak WADA will come in over the top and dish out some serious punishment (note WADA have remained steadfast that AOD has been banned since 2011).

This article makes it pretty evident Tracey doesn't know a whole lot about the anti-doping code, its agencies or even what happened at Essendon, which is surprising for a self-proclaimed sports journalist...

Gary:

15 Aug 2013 12:13:34pm

Essendon may well have pushed the boundaries or even exceeded them, but until ASADA has completed its report & made its findings public how can anyone be charged on suspicion? The only reason the game has been brought into disrepute is because the AFL, ASADA & Australian Government released information to the public & media before any evidence of guilt had been established. In the fullness of time it may well prove to be the case that players, officials & the club should receive penalties, but let's wait until the final report is in. To my mind its a bit like poilce having suspicion someone may have been involved in murder & in the interim pending collection of evidence convicting them with a lesser charge.

Adam:

15 Aug 2013 9:46:34pm

Police do that all the time, especially when the evidence on murder is going to be pulled apart by those parasites known as lawyers. Bottom line is they're still guilty of the lesser charge, so what's the problem?

mdubya:

15 Aug 2013 12:16:34pm

Agree with Mark Stuart, this is the most intelligent piece of journalism on the issue written.

It is quite clear there has been media manipulation of the matter from day one, with many, many at fault there. Given the deplorable state of journalism in this country, it was obvious fodder to the desperate and unethical driven only be their own ego and a false belief in rumours being the equivalent of facts.

Clearly this has been swallowed by those above who make preposterous claims and exaggerations, like self-injecting and steroids. Never let the FACTS get in the way of a good story, just like you should never let natural justice get in the way of character assassination.

Dugong:

tassie hawk:

15 Aug 2013 2:55:12pm

I also agree with Mark Stuart. The AFL will be very sorry it has laid charges before all the facts are in! Any court of law will ensure that the Essendon Football Club and the charged officials get appropriate natural justice. What odds an injunction?

There are officials at ASADA and the AFL that should resign; not the least being Demitriou.

mdiz:

15 Aug 2013 12:26:07pm

The AFL is well aware that Essendon ran a systematic doping program as alluded to in the ASADA interim report, however the ASADA investigation is ongoing and they are still determining which players were given which drugs. Hence individual charges against the players cannot yet be laid, so the AFL have taken matters into their own hands and charged Hird, Thompson, Reid and Corcoran with bringing the game into disrepute for their roles in the doping scheme.

The ASADA charges will come later when their investigation is complete; only today a development surfaced that some players were given an unidentified drug, sourced from Mexico, used experimentally to treat muscular dystophy! And for anyone thinking Essendon will escape significant charges from ASADA, if ASADA's penalties are deemed too weak WADA will come in over the top and dish out some serious punishment (note WADA have remained steadfast that AOD has been banned since 2011).

This article makes it pretty evident Tracey doesn't know a whole lot about the anti-doping code, its agencies or even what happened at Essendon, which is surprising for a self-proclaimed sports journalist...

geminidreams:

15 Aug 2013 12:29:49pm

Essendon only self reported when they were told that ASADA were going to be investigating a club that was suspected of improper use of suppliments. If they were innocent why did they feel the need to self report. Because they were gung ho and didnt have the policies, procedures and systems in place to demonstrate that they were above board. The club and the people charged are professionals and failed to take a professional approach. They should have stood down from their positions from Day 1. Leadership is about taking responsibility.

Little claimed Robinson was discredited. He has never provided any evidence of this. Essendon stood Robinson down for what reason? Logically it was they needed a scapegoat but what is says clearly is that they believed there was some impropriety in the program. If not why was Robinson not reinstated if everything was above board? Everyone in Essondon is saying there was no wrongdoing so why was Robinson still suspendend up to a couple of weeks ago?

Hird may be thinking he can beat this. He is wrong and its time Little tapped him on the shoulder.

Adam:

rob:

15 Aug 2013 12:41:03pm

They didn't self report because they wanted to come clean. Demetriou tipped Essendon off and it was the only way to make them look responsible and possibly innocent. When you hide something it is generally wrong, and if Essendon gets off because of their high profile and expensive lawyers then the AFL will have no credibility left. Whats to discourage every other club using the same strategies? A lot of those involved in the sport are starting to look dodgy..

pony:

15 Aug 2013 1:46:36pm

"Whats to discourage every other club using the same strategies?" Are you kidding? Who would be mad enough to risk going through what the EFC have gone through this season? There is no proof of your allegations. Provide proof or stick to the facts please.

Adam:

Shalashaska:

15 Aug 2013 1:05:14pm

Full disclosure: I'm an Essendon supporter.

When this news first broke in February, I like many was no doubt disappointed. However, since then there has been far too much nonsense, innuendo, rumour mongering, trial by media, baseless speculation, slander, libel, and assumptions of guilt.

I am of the opinon that innocence til proven guilty is just as important here as in any other case, and further I believe that the media witchhunt of players, coaches etc needs to stop because it can and may have already had a damaging impact on people's personal lives. All over unproven allegations.

Let's just wait until the process is completed with before the public lynchings proceed, if anyone is indeed guilty.

That said, if Essendon did 'cheat', I will be done with supporting them. At this stage I only believe they probably made mistakes or errors of judgement.

But ... based on how this whole circus has been handled from the media, the AFL, ASADA etc, I'm more likely to not bother with watching the sport at all. It has become a complete farce and painful to watch.

Scotty A:

15 Aug 2013 5:19:59pm

Its certainly been a poor year for AFL governance when the best they can do is 'charge' certain senior Essendon figures under some 'naughty boy' catch all provision. Its a joke really. THe commenters up above who are blaming the ALP I wouldnt be so quick until you look at whats going on at Cronulla as well. The announcement may well be vindicated. ALP bashing is soooo 2012.

ru4real:

15 Aug 2013 1:08:36pm

My husband had leukaemia and volunteered (during 4 years of treatments) to trial new drugs, in the interest of providing more effective medical assistance for others who were diagnosed with similar conditions in the future.

I find it completely unbelievable that any healthy person would subject themselves to injections of unknown substances in trials.

There is a world of difference between medical research, and sports officials and coaches trialling unknown substances on unsuspecting players.

Something stinks in this story, and even if it's hard to get to the bottom of it, it is highly suspicious that senior Essendon people have engaged highly qualified legal helpers before the AFL brought on the charge of them 'bringin the game into disrepute'.

Any decent senior official would have walked away from trialling substances, and protected their young players, both from actual physical risks, but equally importantly, from risks to their reputations at the pinnacle of their careers.

ChrisJ:

15 Aug 2013 1:09:58pm

Thanks Tracy! Much of the media coverage has been (& continues to be) speculative & emotional, at times coloured with what appears to be either a commercial (or personal) agenda! Your article clearly reflects the facts that have been shared (so far) overlaid with some welcome common sense. Much appreciated!

A question to the negative critics - are there any AFL clubs that do not have a supplements program?

zach:

There are 3 questions I ask every weekend.1: Did Collingwood loose2: Did Essendon loose3: Did Carlton win.

A good weekend is when I get three yes's.

I am anything but an Essendon supporter but so far nothing that has been made public appears be wrong.

For something wrong to have happened some players need to have taken some banned substances, whether knowingly or because they were deceived. So far this has not been charged. It has been alleged but until it is charged (and even better proved) then I unfortunately can not support sanctions of any form against Essendon (or any other club eg Cronulla in thugby league)

Adam:

15 Aug 2013 9:55:29pm

They know players have taken banned substances. It says so in the ASADA(i) report. But the names either can't be determined through shonky bookkeeping by EFC or because the names have been redacted as it's only an interim report.

Dugong:

15 Aug 2013 1:46:03pm

One wonders if it wasn't Kate Lundy who brought the game of AFL into disrepute by holding a press conference with most major sporting codes hanging their heads in collective shame at the accusation of drugs in sports.

It seems to me that if this is the only charge (and, admittedly, at the moment that is a big "if"), then Lundy should equally be charged for bringing Australian sport into disrepute.

Ken, St Kilda:

15 Aug 2013 1:55:35pm

Why no mention of the damning Switkowski report, which concluded that the Essendon supplements program showed "a disturbing picture of a pharmacologically experimental environment never adequately controlled or challenged?"

That in itself is enough to justify a charge of bringing the game into disrepute, and if WorkCover had any guts at all, would provide the basis for prosecution of the club for failing in its duty of care to its employees, the players.

Ron:

15 Aug 2013 2:16:26pm

Whatever the outcome of this sorry affair I feel that Jobe Watson should do the right thing and hand back his Brownlow medal. After all he did come out and confess to using a banned substance, although he said he was unaware at the time it was banned. The point I am trying to make is that knowingly or unknowingly he has used a banned substance which may have had a bearing on his on-field performance possibly giving him the edge over his opponents. I'm pretty certain that any player in any other club or code for that matter would after an admittance like Jobe Watson's not had the option to voluntarily hand a medal back.

Marshy:

15 Aug 2013 2:20:39pm

We need to clarify that there are separate issues here. Firstly, has Essendon & it's staff breached AFL rules regarding their conduct? And Secondly, has there been any breach of the WADA code? On the first point, the AFL doesn't need evidence of anything illegal or banned to lay charges - all they need is evidence that the club & staff exposed their players to a significant risk of using PEDs and/or other substances with little to unknown testing as to their effects. Essendon's own Switkowski report confirmed this, and as such the charges of "conduct unbecoming" are entirely warranted. There is absolutely no doubt that Essendon failed absolutely in it's duty of care to it's players and put in place a program that so poorly controlled there are still substances that nobody at the club can be sure what they were. Again, this is a huge failing of a professional sporting team that deserves the charges the AFL has handed down. In regards to the second point and the use of PEDs and possible breaches of the WADA code - this is a far more involved question, and requires a far greater brief of evidence, and as such the ASADA investigation is still open.

Screw Loose:

15 Aug 2013 3:17:12pm

All you Bomber fans should take a deep breath. Trying to blame the government for this sordid business is laughable. Don't lose sight of the fact we only have ASADAs intrim report as yet there is more to follow. That may well provide the information you are so fervently trying to deny exists. Don't shout too loud too early you may yet end up with egg on your face.

stephen:

15 Aug 2013 4:10:51pm

Every sport's journalist I've read - though I haven't read all - say that Hird and Essendon have a case to answer for taking illegal supplements, and dishonesty.

There is just too much money involved with sponsorship and reputations, (reputations and paypackets that rely on winning streaks) for a team who can't quite match, in a season, the West Coast Eagles, for instance, for there not to be a bit of cheating going on.(Every time I see Hird being stopped for a chat by a camera crew, he's outside his $4 million Toorak mansion. He's got a lot to lose, hey ?)

anote:

15 Aug 2013 5:10:45pm

That is one point of view.

Another is that they were pushing the boundaries, which can also be described as trying it on, with all the risks that entails. They were taking 'substances'/'supplements' in a manner not for health purposes or normal nutritional purposes but solely for sporting superiority. That, to me, is enough for suspicion and concern about fair competition and setting an example.

People buying and taking new synthetic drugs, so called synthetic LSD and synthetic marihuana and so forth, that are not yet illegal are not charged either. That is similar, in so far as, an action other than a criminal charge can bring an entity into disrepute. So that no one has been so charged yet has little to do with bringing the game into disrepute.

ltfc1:

15 Aug 2013 6:54:57pm

Once again we seem to be looking for the simple "tell us what we've done so we can move on" and this article adds further weight to that statement. Why did Essendon need a supplement program in the first place? Why were players asked to sign consent forms releasing the club of any future claims? If this were an Olympic athlete or leading sportsperson we would all expect a lengthy ban and loss of sponsorship. The supplements were designed to enhance the players ability to mend injuries thereby giving them an unfair advantage over their opposition. The onus is on the athlete not the club! Injecting players is the first step to using drugs to create better efficiencies and give one an advantage full stop. No matter which sport you follow the use of drugs destroys the hopes and dreams of so many who refuse to take whats needed to be successful in this day and age. ASADA will eventually deal with the players and if they don't then WADA will and it will take time and be very frustrating for all but how can Australians demand other countries deal with drugs in sport and then complain when it happens to their own. This first report only deals with the AFL taking action against it's organization not the drugs issue which is yet to be finalized. I hope they catch them all!

Lucky:

15 Aug 2013 7:50:25pm

Self reporting and cooperation does not excuse Essendon. Anyone charged with an offence and pleads guilty is not allowed to escape punishment simply because they told the truth.

Essendon has bought the game into disrepute by their attempts to change the level of the playing field. If their machinations had remained undisclosed where would it have ended? Going further and further into grey areas until they were prepared to take a chance on bending rules enough to have to fight them in court?

Essendon may not have done anything illegal in the strict sense of the word, but they must have known that what they were doing would have shocked and alienated the vast majority of fans of the game.

Magpie:

15 Aug 2013 7:55:16pm

My posts although I am a magpie are not against any club. It is a wake up call to remind the boys club AFL that as this disaster progresses mums are voting and TV rights decline in value. We are the greatest game on earth but will always remain a provincial Australian game. We don't want it to become an irrelevancy caused by this drug disaster with a betting one around the corner. We are not soccer or cricket so are far more vulnerable. Hubris has taken over the AFL.Jeese I really think that a Supreme Court challenge will make the game better.BTW I don't understand why I have always hated CFC and why I don't understand the hands in the back rule.Go Pies.

skeptic:

15 Aug 2013 8:20:07pm

Whatever it takes...

I guess if you believe that is how one should conduct one's business, and expects to get away with it, then I suppose that is OK in a "free for all" environment. However, in a real world where there are rules to ensure that a level playing field is applicable to all, then we do have a problem.

Perhaps I am looking for a scapegoat. I believe the amount of money got thrown around these days, thanks to TV coverage, is making cutting corners a very attractive option for some.

Mr. James Hird is an Essendon legend as trumpeted by media commentators. He was very quickly made a head coach after Mr. Kevin Sheedy left. For him, to keep up with the past records of another Essendon legend in the name of Kevin Sheedy, he needed success, very quickly. When his team began very strongly at the beginning of the season, and then faded near the end, he needed some help, perhaps some miracles. "Supplements" are the miracles he was looking for.

It is interesting that he implied that West Coast Eagles and Collingwood also are in the act. So to him, it is fine to beat them to it and recruited Dank to help out.

So the players are entirely blameless? Are you kidding? If someone poke a needle into me and tells me that it will make me jump higher, and run faster, I want to know what it is in that syringe. So they claimed they are only young, and did not have the inquisitive minds to ask. Who are you kidding?

kjphyland:

16 Aug 2013 8:11:23am

agree...a drug not approved for human use, administered in secret, to gain a performance advantage...how does this NOT qualify as a breach of the rules regarding performance enhancing drugs?a player who gets tested positive for party drugs can get rubbed out...the whole thing makes me wonder why the AFL has a drugs policy at all!

True Blue Ozzie:

15 Aug 2013 9:54:55pm

When this whole circus was announced with all its media hipe , there in the middle was a labor minister. It stunk something was really not smelling to good about this announcement. My gut was telling me,there might be the odd one or two here and there have probably doped . But nothing like what was announced on that fatal day, and for sure my gut was bloody right.

But i can not stop wondering if labor beat this up big time as it was floundering with Australian voters.

paul walter:

Aunty Social:

It might've been pointed out that the ASADA report, that very few people have seen, but many think themselves qualified to write about, was comprimised before ever seeing light of day.

It is highly qustionable that ASADA should have conducted the investigation given ASADA's role in the entire debacle has had a material impact in The Bombers activities.

With ASADA's conflicting position the report cannot be anything other than comprimised. If the AFL wants to take a hard line, and it appears that it does, this will be in the courts for a decade or two.

Stephen Cohen:

16 Aug 2013 8:52:08am

At last a sensible balanced view of events devoid of sensationalising rumour and innuendo to get a headline. Perhaps it is those who have leaked from the ASADA report that should be charged with bringing the game into disrepute!